karnataka electricity regulatory … copy of 2nd amendment to cos 1 9/5/2013 1 karnataka electricity...

Gazetted copy of 2nd Amendment to COS 1 9/5/2013

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KARNATAKA ELECTRICITY REGULATORY COMMISSION

BANGALORE

Notification No: K.E.R.C. /COS/D/07/10 dated: 1. 7. 2010 {Notified in Part III of Karnataka Gazette dated: 22.7.2010 Page 2945 to 2956}

Amendment (Second) to the various Clauses of Conditions of Supply of Electricity

of the Distribution Licensees in the State of Karnataka (COS).

PREAMBLE

K.E.R.C., vide its order No.D/07/4/901 dated: 2.6.2006, had communicated

approval to ESCOMs to notify the Conditions of Supply of Electricity of the

Distribution Licensees in the State of Karnataka in the Gazette and the same was

notified in the Karnataka Gazette on 17th June 2006.

Section 126(5) of the Electricity Act, 2003 relating to assessment of charges

payable and related issues in case of unauthorized use of electricity has been

amended w.e.f 15.6.2007. It is therefore necessary to amend the Conditions of

Supply of Electricity of the Distribution Licensees in the State of Karnataka to bring

the supply conditions in conformity with the above amended provisions of Law.

Further, BESCOM has suggested amendments to certain Clauses of the

Conditions of Supply of Electricity to make the use of Solar Water Heating

Systems compulsory for certain categories of buildings as per GoK notification

No. EN/396/NCE/2006 dated: 13th Nov. 2007. HESCOM has also requested the

Commission to issue an amendment to Clause 4.03.

Clause 34.02 of COS was amended on 20.3.2008 by deleting the provision of

payment of minimum charges. In order to bring other Clauses in line with the

provision of amended Clause 34.02, certain amendments are also found

necessary. Hence the Commission had proposed certain amendments to the

COS and sent the draft to the interested persons / stake holders inviting their

views / comments / objections on the proposed amendments. The draft was

also displayed on the Notice Boards of the Commission and of the Utilities. The

draft amendment was, in addition, posted on the Commission‟s website

www.kere.org to enable the interested persons / stakeholders to access the

http://www.kere.org/


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same and send their views / comments / objections on the proposed

amendment to the Secretary, Karnataka Electricity Regulatory Commission, on or

before 15th May 2009. The last date to receive the comments / objections was

further extended up to 1.6.2009 to enable interested persons to offer their

comments. Six stake holders have furnished their written comments on the draft.

All the comments have been duly considered before finalizing the amendments.

Now, in exercise of powers conferred by section 16 of the Electricity Act 2003

(Central Act 36 of 2003) read with Condition 7.3 of the K.E.R. C. (Conditions of

Licence for ESCOMs) Regulations, 2004 and Section 46.00 of COS, the

Commission hereby makes the following amendments to the Conditions of

Supply of Electricity of the Distribution Licensees in the State of Karnataka.

I. Title and commencement:

a) This may be called the Second amendment to the Conditions of

Supply of Electricity of the Distribution Licensees in the State of

Karnataka.

b) This shall extend to the whole of the state of Karnataka

c) This shall apply to all the Licensees engaged in the business of

distribution of electricity under Section 14 of the Electricity Act,

2003 and the Consumers of electricity.

d) This shall come into force from the date of publication in the official

gazette of Karnataka and will be in force unless amended otherwise.

II. Amendments are made to the following clauses of Conditions of Supply of

Electricity of the Distribution Licensees in the State of Karnataka.

Sl.

No.

Clause

No.

As existing As Amended

1 2 3 4

1 4.02 (v) Nil Government of Karnataka has

issued the Notification No: EN 396

NCE 2006 dated: 13.11.2007

wherein the Solar water heating

system is mandatory for

categories of buildings

mentioned below:


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i. Industries where hot water

is required for processing

or for auxiliary purposes.

ii. Hospitals and Nursing

homes including

Government Hospitals.

iii. Hotels, Restaurants,

Motels, Banquet halls and

Guest Houses.

iv. Jail Barracks, Canteens.

v. Housing Complex set up

by Group housing

Societies / Housing Boards

/ other developers.

vi. All residential buildings

with built-up area of 600

Sq. feet and above

constructed on sites

measuring 1200 Sq. feet

and above falling within

the limits of Municipalities /

Corporations and

Bangalore Development

Authority sectors.

vii. All Government buildings /

Residential schools / All

Educational Institutions /

Technical / Vocational

Education Institutions /All

Training Institutions /

Hostels / Tourism

Complexes / Universities /

Community centers /

Kalyana Mantapas where

facility for stay is provided.

The applicant shall indicate in

his application that he will install

the Solar water Heater as per

the above Clause and produce

an undertaking on plain paper

for having installed the Solar

Water heater along with the

agreement and CR/WD before

issue of the Work order.

2 4.03 Estimate and Power Sanction

i) After the point of entry of

supply mains and the position

Estimate and Power Sanction

i) After the point of entry of

supply mains and the position of


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of mains, cut out(s)/Load

limiters and meter(s)/metering

cubicle have been decided,

the Licensee shall

communicate power sanction

indicating the amount towards

the expenses in providing any

electric line or electrical plant,

initial security deposit, meter

security deposit and other

charges to be paid, in the

prescribed form to the

Applicant as specified under

the K.E.R.C.(Recovery of

Expenditure for Supply of

Electricity) Regulations, 2004

and its amendments from time

to time (Annex-2) and the

Security Deposit as determined

by the Commission.

d) Submit the contractor‟s

completion-cum-test report

along with the wiring diagram

in duplicate. The Licensee shall

acknowledge the receipt of

the contractor‟s completion-

cum-test report and issue an

acknowledgement slip for

having accepted the

contractor‟s completion-cum-

test report.

mains, cut out(s)/Load limiters

and meter(s)/metering cubicle

have been decided, the

Licensee shall communicate

power sanction indicating the

amount towards the expenses in

providing any electric line or

electrical plant as specified

under the K.E.R.C. (Recovery of

Expenditure for Supply of

Electricity) Regulations, 2004 and

its amendments from time to

time (Annex-2) and, initial

security deposit, meter security

deposit as stipulated under

K.E.R.C. (Security Deposit)

Regulations, 2007 and other

charges to be paid, in the

prescribed form to the Applicant.

The Licensee shall also indicate

in the power sanction letter that

the installation of Solar water

heating system is mandatory as

per the Government of

Karnataka Notification No: EN

396 NCE 2006 dated: 13.11.2007

d) Submit the contractor‟s

completion-cum-test report

along with the wiring diagram in

duplicate.

The applicant shall produce an

undertaking on plain paper for

having installed the Solar Water

heater before issue of the Work

order. The Licensee shall

acknowledge the receipt of the

above documents and issue an

acknowledgement slip for

having accepted the same.

The following note is added to

the existing Clause.

Note:

If the Applicant is not desirous of

availing the power supply and

has not executed the

agreement, he may seek refund

of the amounts paid by him by


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making an application. The

Licensee shall refund the

amounts after deducting 10% of

the total amount with in 60 (Sixty)

days from the date of

application.

3 10.05 Nil H.T supply may be provided to

the layouts and the provision as

stipulated under Sections 8.00 &

9.10 of COS shall apply

4 23.04

(b)

In respect of LT installations

where Trivector Meter is fixed,

the provisions under Clause

22.00 as applicable to HT

installations shall be applied.

Deleted

5 39.01

(c)

Minimum charges, if any, shall

be continued to be paid till the

expiry of initial guaranteed

period.

Deleted

6 39.02 (e) This is not permitted with in the

initial guaranteed period.

Deleted

7 42.01

(ii)

IN CASE OF INSTALLATIONS

WITH ELECTRONIC TRIVECTOR

METER AND NOT OPTED FOR

DEMAND BASED TARIFF.

In the case of existing

installations where an Electro

Mechanical Meter is replaced

by an Electronic Trivector

Meter, if the M.D. recorded is in

excess of the sanctioned load

that is indicated in the power

supply Agreement, during the

very first month‟s meter reading

immediately after fixing the

Electronic Trivector Meter, then

the Consumer shall on demand

pay to the Licensee for such

extra recorded demand at two

times as per Amendment vide

Notification No.

K.E.R.C./COS/D/07/08 Dated:

14.3.2008 published in

Karnataka Gazette dated:

20.3.2008 the Tariff applicable

for such period as may be

deemed justified in the

IN CASE OF INSTALLATIONS WITH

ELECTRONIC TRIVECTOR METER

AND NOT OPTED FOR DEMAND

BASED TARIFF.

In the case of existing

installations where an Electro

Mechanical Meter is replaced by

an Electronic Trivector Meter, if

the M.D. recorded is in excess of

the sanctioned load that is

indicated in the power supply

Agreement, during the very first

month‟s meter reading

immediately after fixing the

Electronic Trivector Meter, then

the Consumer shall on demand


extra recorded demand at two

times the Tariff applicable for the

entire period during which such

unauthorized use of electricity

has taken place and if, however,

the period during which such


has taken place can not be

ascertained, such period shall be


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circumstances of any given

case subject to a maximum

period of six months.

limited to a period of 12 months

immediately preceding the date

of inspection as per the

Electricity (Amendment) Act,

2007 (No.26 of 2007) dated:

15.6.2007

8 42.01

(iii)

IN ALL OTHER CASES

If at any time, the connected

load of an installation is un-

authorisedly increased in

excess of the sanctioned load

indicated in the power supply

Agreement, or, if the rated

load at any time is in excess of

the sanctioned load, then, the

Consumer shall on demand,


excess connected load / rated

load exceeding the load

indicated in the Agreement

(Unauthorized load) at two


Notification No.





for such period as may be

deemed justified in the



period of 6 months.

NOTE: - If the Assessing officer

arrives at the conclusion that,


has taken place, it shall be

presumed that such


was continuing for a period of

three months immediately

preceding the date of

inspection in case of domestic

and agricultural services and

for a period of six months

immediately preceding the

date of inspection for all other

categories of services, unless

IN ALL OTHER CASES

If at any time, the connected

load of an installation is un-

authorisedly increased in excess

of the sanctioned load indicated

in the power supply Agreement,

or, if the rated load at any time is

in excess of the sanctioned load,

then, the Consumer shall on

demand, pay to the Licensee for

such excess connected load /

rated load exceeding the load

indicated in the Agreement

(Unauthorized load) at two times

the Tariff applicable for the entire

period during which such











2007 (No.26 of 2007) dated:

15.6.2007

NOTE: - If the Assessing officer

arrives at the conclusion that


has taken place, the assessment

shall be made for the entire









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the onus is rebutted by the

person, occupier or possessor

of such premises or place.



of inspection.

9 42.02 MISUSE OF ELECTRICITY

(Applicable to both HT and LT.

Installations)

(a) If at any time, the

energy supplied under one

method of charging is misused

for purpose for which a higher

method of charging is in force,

the Assessing officer shall assess

the quantum of energy and

difference in fixed charges for

such period as may be justified

in the circumstances of any

given case subject to a

maximum of 6 months and

charge at two times as per

Amendment vide Notification

No. K.E.R.C./COS/D/07/08

Dated: 14.3.2008 published in



to the purpose for which the

energy is misused. The

Consumer shall pay such

amount within thirty days from

the date of claim, failing which,

the installation is liable for

disconnection and such

amount shall be deemed to be

arrears of electricity charges.

Note: 1) If the Assessing officer

comes to the conclusion that


has taken place, it shall be

presumed that such


was continuing for a period of

three months immediately

preceding the date of

inspection in case of domestic

and agricultural services and

for a period of six months


date of inspection for all other

MISUSE OF ELECTRICITY

(Applicable to both HT and LT.

Installations)

(a) If at any time, the energy

supplied under one method of

charging is misused for purpose

for which a higher method of

charging is in force, the Assessing

officer shall assess the quantum

of energy and difference in fixed

charges for the entire period

during which such unauthorized

use of electricity has taken place

and if, however, the period



can not be ascertained, such

period shall be limited to a

period of 12 months immediately

preceding the date of inspection

and charge at two times the

Tariff applicable to the purpose

for which the energy is misused.

The Consumer shall pay such

amount within thirty days from

the date of claim, failing which,

the installation is liable for

disconnection and such amount

shall be deemed to be arrears of

electricity charges.

Note: 1) If the Assessing officer














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categories of services, unless

the onus is rebutted by the

person, occupier or possessor

of such premises or place.


of inspection.

10 42.05 UNAUTHORISED EXTENSION OF

SUPPLY

(Applicable to both HT and LT

Installations)

If at any time, energy supplied

to a Consumer / premises is

found extended unauthorizedly

to some other person /

premises, the installation shall

be disconnected forthwith. The

installation shall be

reconnected only after

unauthorized extension of

supply is removed and

reported by the Consumer.

Further, the Assessing Officer,

shall assess the quantum of

energy and excess load so

extended and charge for that

quantum for such period as

may be deemed justified in the



period of 6 months, at two


Notification No.





for the purpose for which the

energy is so extended.

Such amount shall be paid

within thirty days from the date

of final order, failing which, the


disconnected, and such

amount shall be deemed to be

arrears of electricity charges.

Note: If the Assessing officer

reaches to the conclusion that


UNAUTHORISED EXTENSION OF

SUPPLY

(Applicable to both HT and LT

Installations)

If at any time, energy supplied to

a Consumer / premises is found

extended unauthorizedly to

some other person / premises,

the installation shall be

disconnected forthwith. The

installation shall be reconnected

only after unauthorized extension

of supply is removed and

reported by the Consumer.

Further, the Assessing Officer,

shall assess the quantum of

energy and excess load so

extended and charge for that

quantum for the entire period



and if, however, the period



can not be ascertained, such


period of 12 months immediately

preceding the date of inspection

at two times the Tariff applicable

for the purpose for which the

energy is so extended as per the


2007 (No.26 of 2007) dated:

15.6.2007.

Such amount shall be paid within

thirty days from the date of final

order, failing which, the


disconnected, and such amount

shall be deemed to be arrears of

electricity charges.

Note: If the Assessing officer


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has taken place, the

assessment shall be made for

the entire period during which

such unauthorized use of

electricity has taken place and

if, however, the period during

which such unauthorized use of

electricity has taken place can

not be ascertained, such


period of 12 months


date of inspection.














of inspection.

11 42.06 THEFT OF ELECTRICITY

(i) Where it is prima-facie

established to the satisfaction

of the officer authorized by the

State Government in this behalf

under Section 135 of the

Electricity Act 2003 that the

person / Consumer or his

agent, servant etc., has

committed / is committing theft

of Electricity as indicated in

Section 135 of the Electricity

Act 2003, Authorized officer

shall estimate the value of the

electricity thus abstracted,

used or wasted or diverted, in

accordance with the

calculation table: 1 as noted

hereunder, for a period of 12

months preceding the date of

detection of the theft of energy

or the exact period of theft if

determined which ever is less

at two times the Tariff

applicable to such category of

installation and demand and

collect the same by including

the same in the next bill or in a

separate bill pending

adjudication by the Special

Court. Before including the said

amount in the bill, the

THEFT OF ELECTRICITY

(i) Where it is prima-facie

established to the satisfaction of

the officer authorized by the

State Government in this behalf

under Section 135 of the

Electricity Act 2003 that the

person / Consumer or his agent,

servant etc., has committed / is

committing theft of Electricity as

indicated in Section 135 of the

Electricity Act 2003, Authorized

officer shall estimate the value of

the electricity thus abstracted,

used or wasted or diverted, in

accordance with the calculation

table: 1 as noted hereunder, for

the entire period during which

such unauthorized use of

electricity has taken place and

if, however, the period during

which such unauthorized use of

electricity has taken place can

not be ascertained, such period

shall be limited to a period of 12

months immediately preceding

the date of inspection at two

times the Tariff applicable to

such category of installation and

demand and collect the same

by including the same in the next

bill or in a separate bill pending


10

Authorized officer shall issue a

provisional assessment notice

indicating the demand to the

concerned person within 3

days from the date of

inspection informing such

person to file his objections, if

any, within 7 days and due

opportunity shall be given to

such person of being heard.

adjudication by the Special

Court. Before including the said

amount in the bill, the Authorized

officer shall issue a provisional

assessment notice indicating the

demand to the concerned

person within 3 days from the

date of inspection informing such

person to file his objections, if

any, within 7 days and due

opportunity shall be given to

such person of being heard.

12 42.06

Note:

(2)

In case of I.P. Sets where theft

of power either by direct

hooking or new connection

serviced without sanction or

installing of higher Horse Power

Motor is noticed, the back

billing charges at two times as

per Amendment vide

Notification No. K.E.R.C. /COS

/D/07/08 Dated: 14.3.2008

published in Karnataka Gazette

dated: 20.3.2008 the highest

energy rate prescribed for the

metered category of I.P. Sets

shall be levied for a period of

three months.

In case of I.P. Sets where theft of

power either by direct hooking or

new connection serviced

without sanction or installing of

higher Horse Power Motor is

noticed, the back billing charges

at two times the highest energy

rate prescribed for the metered

category of I.P. Sets for the entire












2007 (No.26 of 2007) dated:

15.6.2007

13 45.00 DECISIONS TO BE IN WRITING

All decisions of the Licensee in

respect of the Model

Conditions of Supply shall be in

writing.

DECISIONS TO BE IN WRITING

All decisions of the Licensee in

respect of the Conditions of

Supply of Electricity of the

Distribution Licensees in the State

of Karnataka shall be in writing.

14 46.00 RESERVATION OF RIGHTS

The Commission reserves the

right at any time to cancel,

alter or add to any of the

provisions of the Model

Conditions of Supply of

Electricity after following due

RESERVATION OF RIGHTS

The Commission reserves the

right at any time to cancel, alter

or add to any of the provisions of

the Conditions of Supply of

Electricity of the Distribution

Licensees in the State of


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procedure. The changes so

effected shall be binding on

the Licensee and the

Consumer automatically.

Karnataka after following due

procedure. The changes so

effected shall be binding on the

Licensee and the Consumer

automatically.

15 Para

2(h)

of LT

Agreem

ent

Without prejudice to the rights

and liabilities of the parties in

respect of any matter

antecedent to termination and

subject to payment of

fixed/minimum charges as per

applicable Tariff for the

unexpired period of the initial

period of this Agreement, either

party to this Agreement may

terminate this Agreement by

giving three months prior notice

in writing.




antecedent to termination,

either party to this Agreement

may terminate this Agreement

by giving three months prior

notice in writing.

16 Para 2(l)

of LT

Agreem

ent

Where the Consumer is

required to obtain a license or

permit or „No objection

certificate‟ for running his

Industrial / commercial

concern or lift irrigation scheme

and the License or permit is

suspended or cancelled, or the

validity of the „No objection

certificate‟ issued by the

competent authority to lift

water has expired, the Licensee

shall have the right to

discontinue power supply

during the period when the

Licence or permit is cancelled

or suspended or the validity of

the No Objection Certificate

issued by the competent

authority has expired, without

prejudice to the obligation of

the Consumer to pay the

minimum charges during this

period.

Where the Consumer is required

to obtain a licence or permit or

„No objection certificate‟ for

running his Industrial /

commercial concern or lift

irrigation scheme and the

License or permit is suspended or

cancelled, or the validity of the

„No objection certificate‟ issued

by the competent authority to lift



discontinue power supply during

the period when the Licence or

permit is cancelled or suspended

or the validity of the No

Objection Certificate issued by

the competent authority has

expired.

17 Para

2(k)

of HT

Agreem

ent




antecedent to termination and

subject to payment of demand




antecedent to termination,



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charges as per applicable Tariff

for the unexpired period of the

initial period of Agreement,




notice in writing.



notice in writing.

18 Para

2(m) of

HT

Agreem

ent

Where the Consumer is

required to obtain a license or

permit or „No objection

certificate‟ for running his

Industrial / commercial

concern or lift irrigation scheme

and the Licence or permit is

suspended or cancelled, or the

validity of the „No objection

certificate‟ issued by the

competent authority to lift



discontinue power supply


licence or permit is cancelled

or suspended or the validity of

the No Objection Certificate


authority has expired, without

prejudice to the obligation of

the Consumer to pay the

minimum charges during this

period.

Where the Consumer is required

to obtain a licence or permit or

„No objection certificate‟ for

running his Industrial /

commercial concern or lift

irrigation scheme and the

Licence or permit is suspended

or cancelled, or the validity of

the „No objection certificate‟


authority to lift water has expired,

the Licensee shall have the right

to discontinue power supply


licence or permit is cancelled or

suspended or the validity of the

No Objection Certificate issued

by the competent authority has

expired.

19 27.01

Note

Note: Arrangements for

inspection / testing of the

meter by a “Third Party

Agency” will be put in place by

the K.E.R.C. as per National

Electricity Policy dated:12. 2.

2005.

Note: Arrangements for

inspection / testing of the meter

by a “Third Party Agency” is

approved by K.E.R.C. appointing

the Chief Electrical Inspector to

Government of Karnataka as

Third Party Agency vide

notification No D/06/6 dated:

11.5.2006 and published in the


25.5.2006 in accordance with

National Electricity Policy dated:

12. 2. 2005.

20 11.00 All street lighting installations

shall be serviced with suitable

energy meter.

No street lighting installation shall

be serviced without a suitable

energy meter and an Electronic


13

time switch.

21 11.01 (d) It is not permitted to use

incandescent type fittings

for street lighting.

(e) The Licensee shall also erect

and connect up specified

type of street light fittings

and accessories (other than

incandescent lamp fittings)

supplied by the Applicants

by collecting labour and

supervision charges. The

Licensee reserves the right

to reject the fittings supplied

for installation, if these are

of sub-standard quality or of

un-standard types.

(d) Only energy efficient lamps

shall be used for street

lighting. It is not permitted to

use incandescent type fittings

for street lighting.

(e) The Licensee shall also erect

and connect specified type

and street light fittings with

energy efficient lamps and

accessories (other than

incandescent lamp fittings)

supplied by the Applicants by

collecting labour and

supervision charges. The

Licensee reserves the right to

reject the fittings supplied for

installation, if these are of

sub-standard quality

By order of the Commission

(Shaik Ahmed)

Secretary

Karnataka Electricity Regulatory Commission.

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